Minor Offenses: What They Are, Types and Penalties Under Spanish Criminal Law

The fact that something is “minor” does not mean it has no consequences. If you have received a summons for a minor offense, or if someone has committed an infraction against you that you don’t know how to classify, this article will help you understand what you are facing and what you can do.

Minor offenses are a specific category within the Criminal Code that groups together infractions of lesser severity, but which still involve a judicial procedure and real sanctions.

What are minor offenses?

They are infractions typified in the Criminal Code that the law punishes with minor penalties. Their lesser severity compared to less serious or serious offenses does not make them trivial: they have their own judicial process, generate criminal records and can affect your employment or personal situation.

Some common examples are theft of less than 400 euros, minor injuries, low-intensity threats or coercion, damage due to less serious negligence or animal abandonment.

How to tell if an offense is minor?

There are three characteristics that define this type of infraction:

• They do not involve a prison sentence. Sanctions range from fines to community service or permanent location, but never imprisonment.
• They prescribe in one year. If that period elapses without criminal proceedings being initiated, the offense cannot be prosecuted.
• They are judged by the Court of First Instance, not a Tribunal, which simplifies the procedure compared to other offenses.

Penalties applicable to minor offenses

The penalties are set out in Article 33.4 of the Criminal Code and vary according to the specific infraction. The most common are:

• Fine of up to three months.
• Community service of one to thirty days.
• Permanent location from one day to three months.
• Deprivation of the right to drive motor vehicles from three months to one year.
• Deprivation of the right to possess and carry weapons from three months to one year.
• Prohibition from approaching or communicating with the victim, for a period of one month to less than six months.
• Special disqualification for activities related to animals, from three months to one year.

Types of most frequent minor offenses

Minor offenses against persons

Minor injuries

When someone causes an injury that does not require medical or surgical treatment, or hits another person without causing injury, the penalty is a fine of one to three months (Articles 147.2 and 147.3 CP). Cases of gender-based violence have specific regulation in Article 153 CP.

Minor threats

If someone has threatened you in a minor way, you can report them. The penalty is a fine of one to three months (Article 171.7 CP). It should be noted that this offense is only prosecuted if the victim files a complaint.

Minor coercion

Forcing someone to do or not do something through low-intensity pressure also has criminal consequences: a fine of one to three months (Article 172.3 CP). Likewise, it requires a complaint from the affected person.

Minor slander and harassment

Minor offensive or humiliating conduct is punished with permanent location from five to thirty days, community service, or a fine of one to four months (Article 173.4 CP).

Minor offenses against the home

Entering a premises, office or establishment outside opening hours and against the will of its owner is considered minor trespassing and is punished with a fine of one to three months (Article 203.2 CP).

Minor patrimonial and economic offenses

This is one of the broadest categories. In all cases, the boundary is at 400 euros: when the value of the loss does not exceed that amount, the infraction is minor. If that threshold is exceeded, it is already a serious offense.

The most common cases, all with a fine penalty of one to three months, are:

• Theft of less than 400 € (Article 234.2 CP).
• Fraud of less than 400 € (Article 249.2 CP).
• Misappropriation of less than 400 € (Articles 253.2 and 254.2 CP).
• Minor damage of less than 400 € (Article 263.1.2 CP).
• Fraud of electricity, water, gas or telecommunications of less than 400 € (Article 255.2 CP).
• Disloyal administration with loss of less than 400 € (Article 252.2 CP).

A special case is the illegitimate use of a motor vehicle without intent to appropriate it: it is punished with community service from thirty-one to ninety days or a fine of two to twelve months (Article 244.1 CP).

Minor offenses related to animals

Mistreatment in unauthorized shows

Cruel treatment of domestic animals in contexts without legal authorization is punished with a fine of one to six months and may be added disqualification from working with animals or keeping them (Article 337.4 CP).

Animal abandonment

Abandoning an animal in conditions that put its life at risk carries the same penalty: a fine of one to six months, plus possible disqualification (Article 337 bis CP).
Minor offenses of falsities

• Use or distribution of counterfeit currency valued at less than 400 €: fine of one to three months (Article 386.3 CP).
• Distribution of false stamps or stamped documents valued at less than 400 €: same penalty (Article 389 CP).

Minor offenses against public order

Improper use of uniform or official insignia

Impersonating an authority through the unauthorized use of a uniform or official insignia is punished with a fine of one to three months (Article 402 bis CP).

Lack of respect for authority

Disrespectful conduct toward authority agents also has criminal consequences: a fine of one to three months (Article 556 CP).

What to do if you are summoned for a minor offense?

Receiving a court summons generates uncertainty, even when the infraction seems minor. However, not appearing or not properly preparing your defense can have avoidable consequences.

The most important things before trial are:

1. Read the summons carefully and understand exactly what you are being accused of.
2. Do not make any statements without legal advice beforehand, even though the offense seems minor, to avoid complicating the proceedings.
3. Have a criminal law attorney who can assess whether it is appropriate to challenge the accusation, negotiate a solution or go to trial with the guarantee of a good criminal defense.

At Nieto Enríquez Criminal Law Attorneys, we are criminal lawyers in Barcelona with experience in all types of minor offense procedures. We analyze your case from the very beginning and tell you clearly what options you have and what the best strategy is.

Have you been summoned to trial or do you want to know if you can report someone? Consult with us without obligation and we will guide you from the very beginning.